Commercial Litigation UK

  • May 22, 2024

    Staffer's Pre-Prepared Resignation Letter Not Discriminatory

    A designer has lost her discrimination claim against an investment company after failing to prove that her bosses mistreated her — including by asking her to sign a pre-prepared resignation letter — because she is a Chinese woman.

  • May 22, 2024

    Property Transfer For Tax Break Not Dishonest, UK Court Says

    Two liquidated London real estate companies failed to convince the United Kingdom Court of Appeal that their former director behaved dishonestly by transferring their holdings to Jersey trusts for less than market value to obtain a tax advantage, according to a judgment released Wednesday.

  • May 22, 2024

    Mishcon's Int'l Arbitration Head Leaves For Littleton Chambers

    Littleton Chambers said Tuesday that Mishcon de Reya LLP's head of international arbitration is set to join as silk, as the law firm names his successor to lead the firm's practice.

  • May 22, 2024

    HSBC Can't Use Brexit To End UK Role In EU Body, Staff Say

    High street lender HSBC is obligated to keep the U.K. arm of its European works council despite Brexit, the representative body for European staff argued Wednesday as it challenged a ruling that the bank could exclude the U.K. once it left the European Economic Area.

  • May 22, 2024

    Ex-Goldman Banker Gets Contempt Sentence Suspended

    A London appellate court on Wednesday chose "the road of mercy rather than justice" and suspended a prison sentence for a former Goldman Sachs banker who breached court orders to hand over information concerning the financial assets of the wife of an imprisoned Turkish politician.

  • May 22, 2024

    Judge Likens Lenovo Injunction Bid To A 'Hostage Situation'

    A London judge on Wednesday likened Lenovo's bid for an interim injunction to bar Ericsson from infringing a patent it deems essential to telecommunications standards to a "hostage situation," amid a worldwide battle between the two electronics giants

  • May 22, 2024

    Hilco Exec Wins £296K After Being Sacked For Whistleblowing

    A tribunal has awarded a former Hilco Capital Ltd. HR director almost £296,000 ($377,000) in compensation after she was unfairly sacked for blowing the whistle over alleged banking irregularities.

  • May 22, 2024

    Insurers Lose Appeal Over $15M Hanjin Shipping Settlement

    Insurers should not be entitled to recover a portion of recoveries for uninsured losses, a London appeals court ruled Wednesday, in a dispute over a $15 million settlement following the collapse of Hanjin Shipping.

  • May 22, 2024

    UK Gov't Calls Elections For July 4 Despite Poor Polls

    Prime Minister Rishi Sunak on Wednesday called an early general election to be held on July 4, advancing the electoral timetable even though his Conservative Party lags decisively behind the opposition Labour Party.

  • May 22, 2024

    Ex-Post Office Boss Didn't Know Business Prosecuted People

    Former Post Office boss Paula Vennells denied on Wednesday that she knew the organization conducted its own prosecutions, telling the inquiry into its wrongful prosecution of innocent sub-postmasters she became aware of the power to prosecute only several years after she joined.

  • May 22, 2024

    UK Music Publisher Sues Distributor To Exit Licensing Deal

    A classical music publisher has accused sheet music distributor Hal Leonard of failing to use a "reasonable effort" to drive up sales and generate royalties by not making digital versions available and delaying the publication of its composers' works.

  • May 22, 2024

    Home Secretary Fights Disability Case For Injured Officers

    Two police forces argued at the Court of Appeal on Wednesday that injured officers should not be able to take their disability claims to the employment tribunals, claiming that benefits for injured police are not pensions and are therefore an employment matter.

  • May 22, 2024

    HSBC Rejects Ex-Football Pro's £2M Loan Dispute

    HSBC has denied losing former professional footballer Matthew Jansen almost £2 million ($2.5 million) by allegedly failing to monitor the risk of loans secured against properties during the 2008 financial crisis, claiming the sportsman could have kept track himself.

  • May 22, 2024

    Aspiring Judge Can't Reopen Race Bias Case

    An Asian-British solicitor has failed to persuade an employment tribunal to reconsider his race discrimination claims against a High Court judge who dismissed his application because he filed his request too late.

  • May 21, 2024

    Russian Litigants Abandon UK Courts As Sanctions Bite

    The number of Russian litigants using London's commercial courts has collapsed in the past year amid tightening sanctions on individuals and businesses tied to the Kremlin over the war in Ukraine, a report published Wednesday said.

  • May 21, 2024

    Slovenian Fishermen's Maritime Border Cases Get Tossed

    A European court has denied three Slovenian fishermen's cases against Croatia over their ability to fish in disputed Adriatic Sea waters, finding that it doesn't have the jurisdiction to rule on the validity of a 2017 arbitration award setting out the maritime boundary between the two countries.

  • May 21, 2024

    Gov't Must Pay £50K For Bias Against Deaf Job Seeker

    The U.K. government must pay £49,880 ($63,390) to a deaf person for discriminating against him and failing numerous times to provide interpreters to aid his job search, an employment tribunal has ruled.

  • May 21, 2024

    Leigh Day Considering Legal Action Over UK Blood Scandal

    Personal injury and human rights firm Leigh Day said Tuesday that it was considering legal action against the U.K. government on behalf of clients who were given infected blood transfusions over three decades, after a government minister gave a speech outlining how victims will be compensated.

  • May 21, 2024

    Claims Biz Sues Bankrupt Law Firm For PPI Referral Fees

    A claims processor has asked a London court to recoup £663,000 ($843,144) from an insolvent law firm based on a previous ruling, arguing that its payment obligations existed years before it folded.

  • May 21, 2024

    Tesco Fights Looming Disclosure Deadline In Equal Pay Battle

    Retail giant Tesco fought to push back a disclosure deadline in its equal pay battle with thousands of workers on Tuesday, telling an appeals tribunal that it hasn't had enough time to process millions of documents for the case.

  • May 21, 2024

    Post Office Official Told MP About IT Bugs Ahead Of Report

    A former Post Office senior official conceded she was the "bearer of bad news" by ensuring an MP was told of bugs in the IT system used to wrongly prosecute innocent people, as she gave evidence to an inquiry Tuesday.

  • May 21, 2024

    Injured Ex-Cops Take Disability Case To Court Of Appeal

    Two former police officers urged an appeals court Tuesday to revive their claim that pensions rules for those disabled in the line of duty are discriminatory, arguing that an employment tribunal was wrong to find it had no jurisdiction over the question.

  • May 21, 2024

    I Am An Honest Man, British Trader Tells £1.4B Fraud Trial

    Sanjay Shah, a former hedge fund owner who is accused of defrauding Denmark's tax authority out of £1.4 billion ($1.8 billion), told a London court on Tuesday that he is an "honest man" who traded using a legal "loophole."

  • May 21, 2024

    Ex-Insurance Exec's Wife Denies Knowledge Of Illegal Money

    The wife of a former executive at Gable Insurance has denied cashing in on unauthorized payments from her husband who, the Liechtenstein insurer alleges, siphoned off millions of pounds from the company to accounts he had links to.

  • May 21, 2024

    Prince Harry Fails To Drag Rupert Murdoch Into Privacy Claim

    Prince Harry and others suing the U.K. arm of Rupert Murdoch's News Corp. failed on Tuesday to drag the media mogul into their claim as a London judge refused to expand their case to include allegations that he was part of an alleged cover-up.

Expert Analysis

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • How Generative AI Can Enhance Disclosure Review Processes

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    As recent developments show that implementing artificial intelligence in legal processes remains a critical challenge, the disclosure process — one of the most document-intensive legal exercises — presents itself as a prime use-case, illustrating how generative AI can supplement traditional technology-assisted review, say lawyers at Macfarlanes.

  • Decoding Arbitral Disputes: The Benefits Of Non-EU Venues

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    In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.

  • Experian Ruling Helps Cos. Navigate GDPR Transparency

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    In Information Commissioner v. Experian, the Upper Tribunal recently reaffirmed the lawfulness of the company's marketing practices, providing guidance that will assist organizations in complying with the GDPR’s transparency obligations, say lawyers at Jenner & Block.

  • Salvaging The Investor-State Arbitration System's Legitimacy

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    Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.

  • UK Trademark Law May Further Diverge From EU Standards

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    The recently enacted Retained EU Law Act, which removes the principle of EU law supremacy, offers a path for U.K. trademark law to distance itself even further from EU precedent — beyond the existing differences between the two trademark examination processes, say David Kemp and Michael Shaw at Marks & Clerk.

  • Clarity Is Central Theme In FCA's Greenwashing Guidance

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    Recent Financial Conduct Authority guidance for complying with the U.K. regulator's anti-greenwashing rule sends an overarching message that sustainability claims must be clear, accurate and capable of being substantiated, say lawyers at Cadwalader.

  • How Clinical Trials Affect Patentability In US And Europe

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    A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.

  • ECHR Ruling May Pave Path For A UK Climate Damage Tort

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    In light of case law on the interaction between human rights law and common law, the European Court of Human Rights' recent ruling in KlimaSeniorinnen v. Switzerland, finding the country at fault for failures to tackle global warming, could tip the scales toward extending English tort law to cover climate change-related losses, say lawyers at Cleary.

  • Disciplinary Ruling Has Lessons For Lawyers On Social Media

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    A recent Solicitors Disciplinary Tribunal judgment against a solicitor for online posts deemed antisemitic and offensive highlights the serious sanctions that can stem from conduct on social media and the importance of law firms' efforts to ensure that their employees behave properly, say Liz Pearson and Andrew Pavlovic at CM Murray.

  • The Art Of Corporate Apologies: Crafting An Effective Strategy

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    Public relations challenges often stop companies from apologizing amid alleged wrongdoing, but a recent U.K. government consultation seeks to make this easier, highlighting the importance of corporate apologies and measures to help companies balance the benefits against the potential legal ramifications, says Dina Hudson at Byfield Consultancy.

  • What UK Supreme Court Strike Ruling Means For Employers

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    Although the U.K. Supreme Court recently declared in Mercer v. Secretary of State that part of a trade union rule and employees' human rights were incompatible, the decision will presumably not affect employer engagement with collective bargaining, as most companies are already unlikely to rely on the rule as part of their broader industrial relations strategy, say lawyers at Baker McKenzie.

  • Taking Stock Of The Latest Criminal Court Case Statistics

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    The latest quarterly statistics on the type and volume of cases processed through the criminal court illustrate the severity of the case backlog, highlighting the need for urgent and effective investment in the system, say Ernest Aduwa and Jessica Sarwat at Stokoe Partnership.

  • Hugh Grant Case Raises Questions About Part 36 Offers

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    Actor Hugh Grant's recent decision to settle his privacy suit by accepting a so-called Part 36 offer from News Group — to avoid paying a larger sum in legal costs by proceeding to trial — illustrates how this legal mechanism can be used by parties to force settlements, raising questions about its tactical use and fairness, says Colin Campbell at Kain Knight.

  • Accounting For Climate Change In Flexible Working Requests

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    Although the U.K. government's recent updates to the country's flexible working laws failed to include climate change as a factor for evaluating remote work requests, employers are not prohibited from considering the environmental benefits — or drawbacks — of an employee's request to work remotely, say Jonathan Carr and Gemma Taylor at Lewis Silkin.

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